In Kenya, a law was passed in 2012 that prohibits farmers’ rights to save, share, exchange or sell unregistered seeds. Farmers could face up to two years in prison and a fine of up to 1 million Kenyan shillings (equivalent to nearly four years’ wages for a farmer).

However, in 2022, Kenyan smallholder farmers launched a legal case against the government calling for reform of the 2012 seed law to stop criminalising them for sharing seeds. There is a hearing scheduled for 24 July 2024.

Agroecologist and environmentalist Claire Nasike Akello says that, in legal terms, the sharing and selling of indigenous seeds is a criminal offence in Kenya. In effect, Kenya’s Seed and Plant Varieties Act demolishes self-sufficiency among smallholder farmers who use indigenous seeds to grow food.

Writing on her website, she says that the legislation seeks to create a dependency on multinational companies by smallholder farmers for seeds thus giving an upper hand to these firms that continue to steal biological resources from local communities with a profit-driven mindset.

It is, in effect:

“A move designed to impoverish smallholder farmers and lock them out of farming.”